BARRAGATO v. MAYER


49 A.D.2d 755 (1975)

Charles Barragato, Petitioner, v. Robert Mayer et al., Constituting The Board of Fire Commissioners of the Elmont Fire District, Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 29, 1975


Determination annulled, on the law, and charges dismissed, without costs.

Petitioner was charged with misconduct as a result of his having issued an order to his men to keep their hands off the fire truck, as a result of which they thereupon ceased their practice of periodic oil checks, causing an insufficiency of oil in the truck's engine, thus rendering it inoperable. At a hearing held before the board, testimony was adduced that a fire commissioner had originally...

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